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Redacting Personal Identifiers from all documents filed in ECF

Monday, November 21, 2011

Please remember when filing pleadings or exhibits identifying information should be redacted, including the information contained in Local Rule 1007-1(F) (see below) as well as information contained in the debtor's pay advices. The responsibility for redaction rests solely on the filer as stated in Local Rule 1007(F)(2).

Privacy Rules.

1. Redacted Documents. To comply with the policy of the Judicial Conference of the United States and the E-Government Act of 2002, effective December 1, 2003, filing parties shall omit or, where inclusion is necessary, partially redact the following personal data identifiers from all pleadings, documents, and exhibits, whether filed electronically or in paper, unless otherwise ordered by the Court or required by statute, the Federal Rules of Bankruptcy Procedure, or the Official Bankruptcy Forms.

a) Minors’ Names. If the involvement of a minor child must be mentioned, only the minor’s initials should be used.

b) Financial Account Numbers. If the financial account numbers are relevant, only the last four numbers of the account number should be used.

c) Social Security Numbers. If an individual’s Social Security number or individual taxpayer identification number is relevant in a pleading, only the last four digits of that number should be used. Official Form 21, Statement of Social Security Number, should contain the full Social Security number or individual taxpayer identification number and should be processed as prescribed by the Court.

d) Date of Birth. If an individual’s date of birth must be included in a pleading, only the year should be used.

e) Other Data. As permitted by order of the Court.

2. The responsibility for redacting personal data identifiers rests solely with counsel and the parties. The Clerk’s office will not review documents for compliance with this Rule or redact documents, whether filed electronically or on paper. In addition, the Court will not go back and redact documents filed before December 1, 2003.

3. Copies of all amended Statements of Social Security Number or Individual Taxpayer Identification Number (Official Form 21) should be submitted to the Court in paper format. The filing attorney shall maintain the original signed document for all bankruptcy cases at least one year after the case is closed.

4. Any party wishing to file a document containing any of the personal data identifiers specified above may, upon order of the Court, file an unredacted document under seal or conventionally file a reference list under seal. See Neb. R. Bankr. P. 5005-2. The reference list shall contain the complete personal data identifier(s) and the redacted identifier(s) used in its(their) place in the filing. All references in the case to the redacted identifier(s) included in the reference list will be construed to refer to the corresponding complete identifier(s). The reference list must be filed under seal, and may be amended. It shall be retained by the Court as part of the record.